Jay Austin directs the Institute’s Program on the Constitution, Courts, and Legislation, a major initiative focusing on the intersection of U.S. constitutional and environmental law and recent trends in the federal courts. In that role, he produces scholarly research and commentary on environmental litigation; key areas of constitutional law, including the Commerce Clause, Fifth Amendment takings, and Article III standing; and on proposals to amend major federal laws like the National Environmental Policy Act and Endangered Species Act. Based in Portland, Oregon, he has local expertise on environmental issues in the Pacific Northwest. He also maintains specialties in water pollution law, coastal and ocean law, environmental impact assessment, and procedures for public participation in environmental decisionmaking.
- Coastal and Ocean Law: coastal zone management, National Ocean Policy, Oil Pollution Act and Gulf of Mexico restoration
- Environmental Impact Assessment: environmental impact assessment (EIA)—National Environmental Policy Act and issues related to EIA at the federal and state levels
- Judiciary: environmental law and the judiciary—U.S. Supreme Court and other federal court cases and recent decisions and trends in judicial decisionmaking
- Law: constitutional environmental law—constitutional law topics that affect environmental law, including the Commerce Clause, “takings” and property rights, “standing” to bring environmental lawsuits, and Tenth and Eleventh Amendments
- Water: water law—Clean Water Act, wetlands protection, and western water issues
- J.D., University of Virginia School of Law, 1990
- B.A., Political Philosophy, James Madison College at Michigan State University, 1985
Brian Korpics, Jay Austin, and Bruce Myers, “Shifting the Debate: In Defense of the Equal Access to Justice Act,” The Environmental Law Reporter (Nov. 2013).
Bruce Myers and Jay Austin, “The Commerce Clause: Foundation for U.S. Environmental Law,” in James May (ed.), Principles of Constitutional Environmental Law (American Bar Association/ELI Press, 2011).
Kathryn Mengerink, Adam Schempp, and Jay Austin, Ocean and Coastal Ecosystem-Based Management: Implementation Handbook (Envtl. L. Inst. 2009).
Adam Schempp, Kathryn Mengerink, and Jay Austin, Expanding the Use of Ecosystem-Based Management in the Coastal Zone Management Act (Envtl. L. Inst. 2009).
Brief of Environmental Law Institute as Amicus Curiae (co-author), Rapanos v. United States and Carabell v. U.S. Army Corps of Engineers, Nos. 04-1043, -1384 (U.S. filed Jan. 2006).
Limiting State Experimentation Under the “Dormant” Commerce Clause and The Eleventh Amendment, in Redefining Federalism: Listening to the States in Shaping “Our Federalism” (Envtl. L. Inst. 2004).
Jay E. Austin, John M. Carter II, Bradley D. Klein & Scott E. Schang, Judging NEPA: A “Hard Look” at Judicial Decisionmaking under the National Environmental Policy Act, (Envtl. L. Inst. 2004).
Jay E. Austin & Scott Schang, The Rise (and Fall?) of Fundamentalist Federalism, Envtl. F., Sept./Oct. 2004.